As the popularity of mediation increases, it becomes increasingly important for mediation advocates to know what they are getting into. No single mediator or mediation session is the same as another. The flexibility of mediation is one of its strengths because for every dispute, there will be a variety of mediation alternatives. The only uniformity
Mediation
Role of the Attorney in a Mediation
By Jay H. Sandak on
Posted in Mediation
In a recent article entitled Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation (https://www.mediate.com/articles/PressmanA1.cfm) noted mediator Arthur Pressman details the different roles available to attorneys in mediation. He compares the popular US-style mediation to what he calls the “international-style” mediation in Europe. At the Vienna IBA/VIAC Joint Mediation Competition (VIAC is…
Negotiation Styles in Mediation
By Jay H. Sandak on
Posted in Alternate Dispute Resolution, Mediation
Every mediation is nothing more than a “facilitated negotiation.” The mediator attempts to identify the different negotiation styles to determine whether they are compatible or adversarial. Obviously, if the styles are adversarial, the work of the mediator is more difficult.
Here is a summary of three common negotiation styles. Negotiators would be well served to…
Drafting Arbitration Clauses
By Jay H. Sandak on
Unfortunately, a great number of attorneys do not give a lot of thought when drafting an Arbitration Clause in a contract as a means for resolving any disputes arising under or related to the contract. They fail to appreciate that the nature and scope of the arbitration and the authority of the arbitrator are case…